Mediators Post

Attributes for being a Mediator

Author’s name: Pankaj Kumar

Image credit: Satyam Gupta

Profile: Accredited Mediator, Faculty

Location: Singapore

blog9_II One of the major tasks of a mediator is to conduct mediation without any judgment and prejudice. And to keep the mediation process on-track, as dispute parties intentionally or in-intentionally will be taking the whole process off course due to various reasons involved.

Being a mediator is not an easy task, as it requires lots of patience, understanding of human behavior, should be able to segregate the core issues from the various layers of emotions and to create various options where parties mutually agree on some solutions. It requires creative approach to create WIN-WIN situation for the disputant parties.

Following are few qualities that any successful mediator possess:-

1) Mindfulness: Mediator requires to pay Attention and Focus on minute details to understand the core issues and interests involved for parties. Mediator aid parties to look for various options on basis of the interests of both parties. Parties choose the best which suit them and agree to resolve the issues as their interests are taken care of.

2) Looking for facts : Dispute arises due to lack of trust, perceptions, based on opinions, believe and engage with thoughts, attention on past and future, Overwhelming, lost in reaction, reactive impulsive behaviors etc. The trained mediator segregates the emotions from the core issues and brings out the actual facts. Then it is easier to resolve the issues as further mediation process will be based on facts and not on opinions. Fact means Evidence to support its truth, undisputed; Driven by rational thought and it’s from Head. Whereas Opinion means Personal view, arguable, driven and reinforced by emotion and directly from heart. facts

3) Visualization: The mediator visualizes the events in order to understand the situation and remain empathy. It’s simply a practical way to notice thoughts, physical sensations, and sights or anything we might not normally notice.

4) Non Judging, Accepting: Mediator remain non judgmental and acceptable. This help parties to trust the mediator and they find comfortable to disclose the facts. On basis of common and private sessions with parties the mediator looks for the hidden interests involved. Non judgmental behavior also help mediator to remain calm and to be remain aware of the situations.

5) Calm and effective: Mediator should not get carried away with emotions otherwise the whole mediation process will go off track. At same time the mediator has to remain effective to keep the process going in the right direction as it supposes to be. The mediator takes charge if it’s observed that parties are deviating from the discussion on core issues. The discussion will be done in order to look for mutually accepted solutions and not on blame games.

6) Approach: Mediator brings out the probable solutions in front of the parties. These solutions do not conflict with any beliefs, traditions, religious, cultural or scientific. Since the approach is based on the interest of all parties involved, it’s normally accepted by parties. Hence the success rate of mediation is very high in compare to other alternative dispute resolutions and litigations.

7) Neutral: Mediation is a Dynamic and interactive process where Mediator who is a basically a neutral third party facilitates the whole process. Due to neutrality the disputing parties are comfortable to discuss all issues with the mediator. Neutrality is a core element of the mediation process.

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Capt Tarique Khan

Well written article

Satyam Gupta

It is an informative blog.

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